Ad-Express and Daily Iowegian, Centerville, IA

June 12, 2013

Three officers injured following Sat. night pursuit

By Kyle Ocker The Daily Iowegian
The Daily Iowegian

---- — An Appanoose County man is in custody after leading police on a high-speed pursuit in Centerville Saturday night, which left three officers with minor injuries.

Byron Dean Foster, 32, of Exline, is facing 13 charges after police say he led them on a high speed chase through Centerville Saturday night.

According to a complaint affidavit signed by Appanoose County Sheriff's Deputy Wade Duley, at 11:03 p.m. the Centerville Law Center received a call from South Main Street in Moulton that a man, identified as Byron Foster, entered a residence uninvited. The caller stated Foster was drunk and high.

Foster then reportedly went north bound out of Moulton driving a white-colored 1990's model Buick. Deupty Duley said in his affidavit that he encountered a vehicle driving west-bound on Highway 2 at a high rate of speed. He activated his radar and clocked the vehicle driving 88 mph in a 45 mph zone. Deputy Duley initiated his lights and turned around to stop the vehicle.

The vehicle that police say was driven by Foster then fled west bound on Maple Street. The complaint and affidavit reports that Foster went south on Main Street, turned east on Water Street then south on Drake Avenue. Foster's speeds were more than 70 mph in the 25 mph zones.

As law enforcement pursued Foster southbound on Drake, Foster's vehicle passed vehicles on the left going uphill and forced other vehicles to the side of the road. At 217th Avenue and Highway J-46, Foster refused to stop for Appanoose County Sheriff Gary Anderson's vehicle.

Foster then ran a stop sign at the intersection and went into the south ditch near RK Auto Body at 21333 Highway J-46.

The vehicle became stuck in the ditch. Foster attempted to drive away once before putting the vehicle in park, the affidavit says.

Deputy Duley noted that he saw Foster drinking from a 12 ounce Miller Lite bottle as officers approached the vehicle and began giving Foster commands, which he refused to comply with.

A second affidavit states Foster kept reaching down around the driver floorboard while still refusing commands. A taser was deployed on Foster for five seconds. Foster continued to refuse and received another three second deployment of the taser.

The affidavit states that Foster then began to exit the vehicle when he became combative. The affidavit says that Foster was taken to the ground where he kicked Deputy Duley in the leg and kicked Centerville Police Officer Jeremy Cole in the knee, causing an abrasion. Sheriff Anderson's right hand was also injured while taking Foster into custody.

Foster was secured with handcuffs and leg restraints and transported to the Appanoose County Jail. After refusing to take a field sobriety test or a preliminary breath test, Foster also refused to take a breath test at the center and signed an implied consent form.

Foster is charged with one count of eluding, a class D felony. He has two charges of assault against a peace officer, one charge is an aggravated misdemeanor and the other is a serious misdemeanor. He also is charged with interference with official acts and OWI first offense.

Foster also faces over $1,980 in traffic citations. He received citations for reckless driving, unsafe passing, speeding (88 mph in a 25 mph zone), speeding (88 mph in a 45 mph zone), open container, failure to obey a stop sign, failure to yield to an emergency vehicle and driving on the wrong side of a two-way highway.

Foster is currently being held in the Appanoose County Jail.